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Difference between revisions of "Parents"
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==Who is a "child?"== | ==Who is a "child?"== | ||
For the parts of the ''[[Family Law Act]]'' that talk about guardianship and parenting, a "child" is a person under the age of 19, the age of majority in British Columbia. For the parts of the act that talk about child support, the definition is a bit broader. Section | For the parts of the ''[[Family Law Act]]'' that talk about guardianship and parenting, a "child" is a person under the age of 19, the age of majority in British Columbia. For the parts of the act that talk about child support, the definition is a bit broader. Section 146 says this: | ||
<blockquote><tt>"child" includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of | <blockquote><tt>"child" includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of the person's parents or guardians</tt></blockquote> | ||
The most common "other reason" why an adult child cannot "obtain the necessaries of life or withdraw from the charge of his or her parents" is because the child is going to college or university. | The most common "other reason" why an adult child cannot "obtain the necessaries of life or withdraw from the charge of his or her parents" is because the child is going to college or university. | ||
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<blockquote><tt>(1) For all purposes of the law of British Columbia,</tt></blockquote> | <blockquote><tt>(1) For all purposes of the law of British Columbia,</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) a person is the child of | <blockquote><blockquote><tt>(a) a person is the child of the person's parents,</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote> | ||
<blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of | <blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of the person's relationship to another person by birth, blood or marriage, the reference must be read as a reference to, and read to include, a person who comes within the description because of the relationship of parent and child as determined under this Part.</tt></blockquote> | ||
Section 26(1) says who a child's parents are presumed to be: | Section 26(1) says who a child's parents are presumed to be: | ||
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{{REVIEWED | reviewer = [[JP Boyd]], April 8, | {{REVIEWED | reviewer = [[JP Boyd]], April 8, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
